By Memorandum Opinion entered by The Honorable Richard G. Andrews in Finnavations LLC v. Payoneer, Inc., Civil Action No. 18-444-RGA (D.Del. November 26, 2018) (consolidated), the Court granted defendants’ motion to dismiss under 35 U.S.C. §101 after concluding that the
Delaware Intellectual Property Litigation
Intellectual Property and Antitrust Litigation in Delaware
The Delaware Intellectual Property Litigation blog, published by Fox Rothschild LLP, focuses on legal developments and court decisions related to intellectual property disputes in Delaware. It covers topics such as patent infringement claims, claim construction disputes, motions to dismiss, inventorship controversies, and false advertising under the Lanham Act. The blog reports on rulings by Delaware district judges and magistrate judges, highlighting procedural and substantive issues in IP litigation, including patent validity, infringement allegations, and remedies. It also addresses the interplay between federal patent law and state law claims in the context of intellectual property cases.
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Happy Thanksgiving!
Happy Thanksgiving!
Judge Noreika Enters Markman Order Construing Three (3) Terms in Dispute in Patents-in-Suit
By Memorandum Opinion and Order entered by The Honorable Maryellen Noreika in Invensas Corporation v. Samsung Electronics Co., Ltd. et al., Civil Action No. 17-1363-MN (D.Del. November 16, 2018), the Court entered its Markman ruling construing three (3) terms in…
Judge Andrews Denies Defendants’ Motions to Declare Case “Exceptional” and Request for Attorneys’ Fees After Vacating Previous Judgments of Non-Infringement
By Memorandum Order entered by The Honorable Richard G. Andrews in Dragon Intellectual Property, LLC v. Dish Network, LLC, Civil Action No. 13-02066-RGA (D.Del. November 7, 2018) (consolidated), the Court denied the motions of Defendants DISH Network, LLC and Sirius…
Judge Andrews Denies Defendant’s Motion to Exclude Supplemental Expert Report and Opinion of Plaintiffs’ Damages Expert in Patent Infringement Action
By Memorandum Order entered by The Honorable Richard G. Andrews in Bio-Rad Laboratories, Inc. et al. v. 10X Genomics, Inc., Civil Action No. 15-152-RGA (D.Del. November 2, 2018), the Court denied Defendant’s motion to exclude the Supplemental Expert Report and…
Chief Judge Stark Denies Defendant’s Motion to Preclude Evidence Under Daubert
By Memorandum Order entered by The Honorable Leonard P. Stark in Fairchild Semiconductor Corp. et al. v. Power Integrations, Inc., C.A. No. 12-540-LPS (D.Del. October 25, 2018), the Court denied Power Integration’s Motion to Preclude Evidence Under Daubert. In short,…
Chief Judge Stark Enters Markman Ruling Construing Eight Terms in Dispute in Patent-in-Suit
By Memorandum Opinion and Order entered by The Honorable Leonard P. Stark in Enzo Life Sciences, Inc. v. Hologic Inc. et al., Civil Action No. 16-894-LPS-CJB (D.Del. October 15, 2018), the Court entered its Markman ruling construing eight (8) terms…
Chief Judge Stark Denies Defendant’s Partial Motion to Dismiss Based on Patent Ineligible Subject Matter Without Prejudice to Refile during Summary Judgment Stage
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Visual Effect Innovations, LLC v. Sony Electronics Inc., Civil Action No. 17-1276-LPS (D.Del. September 30, 2018), the Court denied Sony’s partial motion to dismiss the Complaint for failure to…
District of Delaware Updates Its Case Assignments and Magistrate Judge Utilization Plan
Yesterday, the United States Court for the District of Delaware provided an update on its case assignments and Magistrate Judges utilization plan in light of the last week’s retirement of Judge Gregory M. Sleet.
The update advised that, with few…
Chief Judge Stark Denies Spanish Corporation’s Motion to Dismiss Patent Infringement Action Asserting Lack of Personal Jurisdiction
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Biomerieux, S.A. et al. v. Hologic, Inc. et al., Civil Action 18-21-LPS (D.Del. September 26, 2018), the Court denied the motion of defendant Grifols S.A. (“GSA”) to dismiss the…